Confronting Impaired Driving Together

As a personal injury lawyer, I get great satisfaction from seeking justice and compensation for victims of preventable tragedies, such as impaired driving.  Talking to parents, children, wives and husbands who have lost loved ones because of drinking and driving never gets any easier.

Here are some of the most recent statistics:

• An estimated 1,082 impairment-related fatalities occurred on Canadian roads in 2010, according to MADD Canada;
• Over one-third of all traffic fatalities were impairment-related in 2010; 
• In 2011, the rate of impaired driving increased for the fourth time in five years, up 2%, according to Statistics Canada;
• Police reported 90,277 impaired driving incidents in Canada in 2011;
• 82% of persons charged with drinking and driving are male;
• Impaired driving rates reported by police are substantially higher in rural than in urban areas, with a rate of 436 per 100,000 population in rural areas, as compared to 181 per 100,000 in urban areas (2011);
• Persons between 16 and 25 years of age comprised 13.6% of the population in 2010, but composed almost 33.4% of all alcohol-related traffic deaths that year;
• Drivers under 35 accounted for two-thirds of those accused of impaired driving causing death and injury in 2011;
• In 2008, more people were killed in impairment-related auto crashes than by homicide, at 635 to 611;
• Two-thirds of all reported impaired driving incidents occurred on weekends in 2011;and 
• 50% of impaired driving incidents reported by police took place between 11 p.m. and 4 a.m.   

The good news is, in 2011 the impaired driving rate was less than half of what it was in 1986.  The overall trends in impairment related injuries and fatalities are down substantially in the same 25-year period.  Still, with over 90,000 incidents of impaired driving in 2011 alone, there is obviously much work to be done.

High-risk, repeat offenders make up roughly 30% of impaired drivers.  They are typified by high-Blood Alcohol Contents, histories of prior convictions, drinking problems and frequent impaired driving. Strategies for dealing with high risk offenders include a combination of punishment, surveillance, and treatment.  Behaviour change can be encouraged through the reinforcement of positive behavior.

I cannot help but think about the many people I have encountered working in personal injury law who have lost friends and family because of impaired driving. 

The debate about proper strategies for confronting impaired driving is likely to continue for some time.  A good place to start is to remember the victims, including those who are left behind.  My hope is that if we all remember, and talk about it, there won’t be as many new ones this year.

By Geoffrey Duckworth

Spinal Cord Injury Awareness - 2015 Events in Ontario

Every single day there is at least one person in our province that suffers a spinal cord injury. Year after year, we see amazing fundraising efforts and campaigns organized in Ontario that help with creating more awareness around spinal cord injury. As we move a little farther in to 2015, let’s take a moment to consider some of the events that are currently “in the works” at   Spinal Cord Injury Ontario (SCIO).  Let’s all make effort to be involved this year!

February 12, 2015

There will be the 15^th Annual Ski & Snowboard Day at Craigleith Ski Club in Blue Mountains. This event includes fun races, demonstrations, lunch, complimentary beginner lessons, an apres-ski reception, auctions, prizes, and awards.  Contact Lynn Mineque at 1-877-422-1112 x221 with any questions or to register.

March 18, 2015

An education session will take place in London regarding Bladder and Bowel Info with Coloplast. The session will address bladder and bowel function, and new products available to help in their management.  The presentation will be led by Sarah Bain from Coloplast Canada.  To register, you can contact Dan Harvey at 519-433-2331 x224

March 26, 2015

There will be a comedy night held at TRI Lyndhurst Centre in Toronto. Contact Christine Selinger at 416-422-5644 x265 to register.

April 22, 2015

There is a presentation on Nutrition, Food and SCI in London. The session will be put on by Chris Fraser, a registered dietician, and will provide knowledge that will help to maintain quality of life. Dan Harvey can be contacted at 519-433-2331 x224 for registration.

September 20, 2015

The Wheelchair Relay Challenge and Stroll event will be held at Monarch Park Stadium in Toronto. This is a fun and friendly event designed for people with and without disabilities. The competition involves relay teams racing around a track to win awards such as Fastest Team, Most Spirited Team and Top Fund Raiser.  With entertainment, children’s activities and a complimentary lunch, this is truly a family affair. Registration is available online.

For more information on any of the above events, or to learn more about Spinal Cord Injury Ontario, visit http://www.sciontario.org.

By: Michelle Baumann

Concussions in Amateur Hockey

Canadian parents know that there are few better opportunities to teach their children the virtues of hard work, commitment, determination, excellence, and team building than on the ice.  Hockey is an important part of our culture and who we are as Canadians. 

In recent years, we have all learned about the seriousness of the head injuries that have cut the careers of some of the greatest hockey stars short.  Some people theorize that today’s players are bigger, faster, and stronger than players in the past, but the real problem may be that, until recently, we have not been able to detect mild traumatic brain injuries (mTBI) through the use of conventional imaging tests which likely have resulted in injuries being undiagnosed.

Increasingly, there is also evidence that mild traumatic brain injuries are occurring in amateur hockey, in addition to the NHL. 

Concussion symptoms include headaches, vomiting, sleep disturbance, balance disorder, cognitive impairment, fatigue, and mood changes.  Anyone who sustains a head injury should be assessed by a medical professional with expertise in assessing traumatic brain injuries, such as a neurological surgeon, neurologist, or emergency medicine physician.

Developing a better understanding of the impact of concussions may ultimately lead to changes in the way hockey and other contact sports are played, particularly at the amateur level. 

If you or someone you know has been diagnosed with a concussion or a brain injury, you should consult an experienced personal injury lawyer immediately.

By Geoffrey Duckworth

Hockey and Spinal Cord Injuries

Hockey is Canada's favourite past time. Many Canadians have memories of playing or watching hockey while growing up. Most Canadians share a passion for the game that unites us all.

Although hockey is Canada's beloved sport, injuries suffered during play can be life altering. One of the largest dangers for hockey players is an unforeseen collision with the boards. Being hit from behind or checked into the boards can have serious consequences. Numerous hockey careers have come to an end due to head or spinal injuries.

Thomas Smith suffered a serious spinal cord injury as a result of colliding with the boards in 2009 which subsequently ended his hockey career. As a result, Thomas made it his goal to ensure others would not suffer the same injury he did.

Thomas created the Look-Up Line – an orange oval painted around the perimeter of the ice that warns players when they are 40 inches from the boards. The reason for the line is to give a visual warning to players where they are on the ice so they can manoeuvre their body to avoid a collision with the boards.

The lines have not been adopted yet in Canada, however in June 2014 the GTHL (Greater Toronto Hockey League) announced they would study the Look-Up Line. In the USA both the NCAA and USA Hockey has recognized the Look-Up Line as a crucial step in player safety. It is predicted to be incorporated in over 100 rinks in 15 states for the 2014-2015 season.
 

To protect our players and increase safety one can hope that the lines are adopted soon in Canada for all leagues and levels as well.

Sensitivity and Brain Injuries

For someone on the outside, brain injuries can be extremely difficult to comprehend. A person may appear in perfect health from a physical point of view, however they could be suffering from a brain injury. We all want to assist the person in our life who has been affected by a brain injury, therefore it's important to know there are some things you should not say to the injured person.

To decide what is appropriate to say, consideration must be applied to what the symptoms of the brain injury are. Individuals with brain injuries may be forgetful, irritable, reliant on others, or lack motivation to do certain activities.

With these limitations in mind, the following are phrases you should not say to a person with a brain injury:

• “You don't look hurt to me”
• “You're lucky to be alive”
• “Don't you remember when..”
• “Let me take care of that”
• “Try to be positive”
• “Don't be so negative”

Although you may feel like you are helping your loved one, the comments listed and other similar comments, can trigger sad or useless feelings. It is also shown that individuals with brain injuries suffer from an increased rate of suicide compared to those of the general population.

By keeping in mind the challenges and adversities a person with a brain injury faces, you will be able to support their recovery while showing sensitivity towards their situation.

Nutrition and Spinal Cord Injuries

With a spinal cord injury comes a plethora of health concerns, most of which relate to mobility and day to day activities. However, nutrition is also incredibly important for individuals who have sustained a spinal cord injury. Maintaining a well-balanced, nutritional diet is crucial in adjusting to the injured person's activity level. A balanced diet can support a healthy digestive system, immune system, and help maintain a healthy body weight.

Nutritional experts suggest taking supplements to support nutritional goals for those who have suffered a spinal cord injury. Among the advised supplements are:

• Probiotics
• D-Mannose
• Sugar with cranberry extract
• Vitamin D3
• Fish oils
• Digestive enzymes
• Vegetarian based protein powder
• Magnesium
• Chromium
• Advance B Complex

Nutritional experts usually advise regular nutrition counselling to monitor and ensure that nutritional goals are being reached.

Liability of Business Owners at Office Holiday Gatherings

December is a busy and festive time of the year. During this time, companies often host holiday parties to thank their employees for all of their hard work during the year. Although these events can be a lot of fun for business owners and their employees, there are some key considerations to keep in mind when hosting a holiday office party.

There have been cases where business owners in Ontario have been found liable when their employees have been injured, or have injured another, during or following an office holiday party where alcohol was available. In most cases, the business owner permitted alcohol to be consumed on work premises without proper monitoring of consumption. Ontario courts have ruled that businesses allowing this kind of behaviour will be treated the same as a bar or tavern and therefore, liability can be attributed for over-service.

To host a safe and fun holiday party, companies should have their gathering at another location like a restaurant or hall, if possible. The venue will have a liquor license and trained employees can monitor the responsible consumption of alcohol.

If your company does decide to have your party on work premises, consider hiring a catering company or bartending service. This way the hired staff can monitor and control alcohol consumption.

Lastly, business owners should consider providing transportation home for their employees after the party. Taxi chits are a great way to ensure your employees arrive safely and celebrate responsibly.